TERMS AND CONDITIONS OF USE
Welcome to the ShopScissors.com website, a site owned and operated by Web Commerce Partners, Inc. (the "Company"). These Terms and Conditions of Use ("Terms") apply to the Company web site located at ShopScissors.com ("Site").
The Site is owned and operated by the Company. Your use of this Site or services offered on this Site is subject to these Terms. We may modify these Terms at any time without notice to you by posting revised Terms, which shall be effective immediately when we post them on our Site. If you visit this Site or make a purchase from the Site, you accept and agree to be bound and abide by these Terms, including any modifications that we make. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to this Site and is hereby incorporated by reference, to understand our practices and policies.
When you visit this Site or send an email to the Company, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. We cannot guarantee the security of your personal information transmitted to this Site. You understand that any message or information you send to the Site is at your own risk and may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
OTHER INTELLECTUAL PROPERTY RIGHTS
This Site and its entire contents, features and functionalities, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
ShopScissors.com and other graphics, logos, page headers, button icons, scripts, product and service names, designs and slogans are trademarks, registered trademarks, or trade dress of the Company in the U.S. and/or other countries. You must not use such marks without the express written consent of the Company. Any other trademarks not owned by the Company that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
LICENSE AND SITE ACCESS
You may use this Site only for lawful purposes and in accordance with these Terms. The Company grants you a limited license to access and make personal use of this Site but not to download (other than page caching) or modify it or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Site or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Site"s home page so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic trademark as part of the link without express written permission from the Company.If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Site in breach of these Terms, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Users are responsible for maintaining the confidentiality of user accounts and password(s). Users agree to accept responsibility for all activities that occur under your account or password. Users of ShopScissors.com are to be 18 years of age or older. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Users may post reviews, comments, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, give the impression that your contribution emanates from or is endorsed by us or any other person or entity, (if this is not the case) or otherwise mislead as to the origin of any content. The Company reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content.
Users who post content or submit material grant the Company and its affiliates and sub licensees (collectively, the "Company Parties”) a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company Parties the right to use the name that you submit in connection with such content, if any of the Company Parties choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that you have the right to grant the license above to the content you supply, that the content does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company Parties for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content and to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
COPYRIGHT COMPLAINTS AND OTHER REQUESTS
The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or you wish to make use of material on the Site other than set out in these Terms, please contact us at Web Commerce Partners, Inc., 5704 West Sligh Ave, Tampa, FL 33634.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE"S INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THE SERVERS; OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE COMPANY PARTIES NOR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OBTAINED THROUGH THE SITE , UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER RELATED TO A BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
THE COMPANY RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THIS SITE, OR ANY PORTION OF THIS SITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THIS SITE, OR ANY PORTION OF THIS SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THIS SITE, OR ANY PORTION OF THIS SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error in pricing or product information received from our suppliers, the Company shall have the right to refuse or cancel any order placed for product listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall issue a credit to your credit card account in the amount of the charge.
RELIANCE ON INFORMATION POSTED
The information presented on or through this Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Site, or by anyone who may be informed of any of its contents.
You agree to defend, indemnify and hold harmless the Company Parties, their employees, agents, officers, directors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys" fees) arising out of or relating to your violation of these Terms or your use of this Site, including, but not limited to, your reviews, comments, and other communications, any use of of this Site"s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from this Site.
By visiting this Site, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and the Company. We make no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Any dispute relating in any way to your visit to this Site or to the products or services you purchase through this Site shall be submitted to confidential arbitration in Hillsborough County, Florida, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any State or in federal court in the State of Florida. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Florida. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator"s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree not to be a part of any class action lawsuit with respect to the Company or this Site.
SITE POLICIES, MODIFICATION, SEVERABILITY AND WAIVER
Please review all other policies posted on this Site. These other policies also govern this Site and are included in these Terms by reference. The Company reserves the right to make changes to this Site, policies, and the Terms at any time. If any of the conditions of the Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.